82 FR 25590 - Elimination of Main Studio Rule

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 105 (June 2, 2017)

Page Range		25590-25594
FR Document		2017-11425

In this document, the Commission proposes to eliminate its rule that requires each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license. The Commission tentatively finds that the main studio rule is now outdated and unnecessarily burdensome for broadcast stations. The Commission also proposes to eliminate existing requirements associated with the main studio rule, including the requirement that the main studio must have full-time management and staff present during normal business hours, and that it must have program origination capability.

Federal Register, Volume 82 Issue 105 (Friday, June 2, 2017)

[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Proposed Rules]
[Pages 25590-25594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11425]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 17-106; FCC 17-59]


Elimination of Main Studio Rule

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to eliminate its 
rule that requires each AM, FM, and television broadcast station to 
maintain a main studio located in or near its community of license. The 
Commission tentatively finds that the main studio rule is now outdated 
and unnecessarily burdensome for broadcast stations. The Commission 
also proposes to eliminate existing requirements associated with the 
main studio rule, including the requirement that the main studio must 
have full-time management and staff present during normal business 
hours, and that it must have program origination capability.

DATES: Comments are due on or before July 3, 2017; reply comments are 
due on or before July 17, 2017.

ADDRESSES: You may submit comments, identified by MB Docket No. 17-106, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Diana Sokolow, [email protected], of the Policy 
Division, Media Bureau, (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 17-59, adopted and released on May 18, 
2017. The full text is available for public inspection and copying 
during regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. This document will also be available via ECFS at 
http://fjallfoss.fcc.gov/ecfs/. Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. The 
complete text may be purchased from the Commission's copy contractor, 
445 12th Street SW., Room CY-B402, Washington, DC 20554. Alternative 
formats are available for people with disabilities (Braille, large 
print, electronic files, audio format), by sending an email to 
[email protected] or calling the Commission's Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    1. In this Notice of Proposed Rulemaking (NPRM), we propose to 
eliminate the Federal Communications Commission (Commission) rule that 
requires each AM, FM, and television broadcast station to maintain a 
main studio located in or near its community of license.\1\ When the 
rule was conceived almost eighty years ago, local access to the main 
studio was designed to facilitate input from community members as well 
as the station's participation in community activities. Today, however, 
widespread availability of electronic communication enables stations to 
participate in their

[[Page 25591]]

communities of license, and members of the community to contact 
broadcast radio and television stations, without the physical presence 
of a local broadcast studio. In addition, because the Commission has 
adopted online public inspection file requirements for AM, FM, and 
television broadcast stations, community members no longer will need to 
visit a station's main studio to access its public inspection file. 
Television broadcasters completed their transition to the online public 
file in 2014, and radio broadcasters will complete their transition by 
March 1, 2018.\2\ Given these changes, in this proceeding we 
tentatively find that the main studio rule is now outdated and 
unnecessarily burdensome for broadcast stations and propose to 
eliminate it. We also propose to eliminate existing requirements 
associated with our main studio rule.\3\
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    \1\ 47 CFR 73.1125(a) through (d).
    \2\ As of June 24, 2016, commercial broadcast radio stations in 
the top 50 Nielsen Audio radio markets with five or more full-time 
employees were required to place new public and political file 
documents in the online file on a going-forward basis. By December 
24, 2016, these entities were required to upload their existing 
public file documents to the online file, with the exception of 
existing political file material. As of March 1, 2018, all 
noncommercial educational (NCE) broadcast radio stations, commercial 
broadcast radio stations in the top 50 Nielsen Audio radio markets 
with fewer than five full-time employees, and commercial broadcast 
radio stations in markets below the top 50 or outside all markets 
must have placed all existing public file material in the online 
public file, with the exception of existing political file material, 
and must begin placing all new public and political file material in 
the online file on a going-forward basis.
    \3\ The associated requirements include the requirement that the 
main studio must have full-time management and staff present during 
normal business hours, and that it must have program origination 
capability.
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    2. We propose to eliminate our rule requiring each AM, FM,\4\ and 
television broadcast station to maintain a local main studio.\5\ We 
also propose to eliminate the associated staffing and program 
origination capability requirements that apply to main studios. We 
tentatively conclude that technological innovations have rendered a 
local studio unnecessary as a means for viewers and listeners to 
communicate with or access their local stations and to carry out the 
other traditional functions that they have served. In particular, it 
appears that a local main studio with staffing sufficient to 
accommodate visits from community members no longer will be justified 
once broadcasters fully transition to online public inspection files. 
We invite comment on these proposals.
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    \4\ Although LPFM stations have no main studio requirement, 
points are awarded under the service's comparative selection 
procedures to those applicants that pledge to locally originate at 
least eight hours of programming per day and to maintain a main 
studio with local origination capability.
    \5\ We note that on April 19, 2017, Garvey Schubert Barer's 
(GSB) Media, Telecom and Technology group filed a petition asking 
the Commission to initiate a rulemaking to repeal its main studio 
rule. Because our proposals effectively satisfy GSB's request, we 
dismiss GSB's rulemaking petition as moot.
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    3. We also seek comment on the costs that AM, FM, and television 
broadcast stations face in complying with the current main studio rule 
and associated requirements. How significant are these costs, 
particularly for small stations? Would eliminating the main studio 
rule, as well as the associated staffing and program origination 
capability requirements, enable broadcasters to allocate greater 
resources to programming and other matters? Would eliminating the rule 
make it more efficient for co-owned or jointly operated broadcast 
stations to co-locate their offices, rather than operating a main 
studio in or near each station's community of license? We invite 
comment on these and other efficiencies that could be achieved by 
eliminating the main studio rule. Are there any particular issues we 
should be aware of with regard to eliminating the main studio rule for 
non-commercial broadcast stations?
    4. How frequently do stations receive in-person visits from members 
of the community, and are those visits to request access to hard copy 
public inspection files or for other purposes? To what extent do people 
contact stations by telephone, by mail, or online, rather than through 
in-person visits? Have technological advances, including widespread 
access to the Internet, mobile telephones, email, and social media, 
obviated the need to accommodate in-person visits from community 
members? If we eliminate the main studio rule, would competitive market 
conditions ensure that stations will continue to keep apprised of 
significant local needs and issues? Would eliminating the main studio 
rule impact a station's ability to communicate time-sensitive or 
emergency information to the public? If the existence of a local main 
studio no longer plays a significant role in ensuring that broadcast 
stations serve their local communities, then eliminating the main 
studio requirement likely will not significantly impact the requirement 
that the Commission ``make such distribution of licenses, frequencies, 
hours of operation, and of power among the several States and 
communities as to provide for a fair, efficient, and equitable 
distribution of radio service to each of the same.'' \6\ We seek 
comment on whether the current main studio rules and related 
requirements are necessary to implement section 307(b) of the 
Communications Act of 1934, as amended. Relatedly, we ask commenters to 
describe any remaining benefits of the main studio requirements and the 
associated staffing requirements.
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    \6\ 47 U.S.C. 307(b). We do not herein propose any modifications 
to the existing requirements pertaining to submission of quarterly 
issues/programs lists and requirements pertaining to a station's 
coverage of the community served.
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    5. Although the Commission eliminated its program origination 
requirement in 1987, it subsequently clarified that stations must 
nonetheless ``equip the main studio with production and transmission 
facilities that meet applicable standards [and] maintain continuous 
program transmission capability . . . [to] allow broadcasters to 
continue, at their option, and as the marketplace demands, to produce 
local programs at the studio.'' We invite comment on the continued 
relevance of the program origination capability requirement that 
currently applies to main studios. What function does it serve today? 
To what extent do stations produce local programming at their main 
studios? If we eliminate the main studio rule, should we maintain the 
program origination capability requirement, and, if so, how? Would 
program origination, to the extent it happens today, occur anyway 
absent any capability requirement as stations seek to continue to meet 
viewers' and listeners' interests?
    6. We propose to retain section 73.1125(e) of our rules, which 
requires ``[e]ach AM, FM, TV and Class A TV broadcast station [to] 
maintain a local telephone number in its community of license or a 
toll-free number.'' We invite comment on this proposal. Would retention 
of this requirement help ensure that members of the community continue 
to have access to their local broadcast stations, for example, to share 
concerns or seek information, if the current main studio requirements 
are eliminated? Stations currently are required to post their telephone 
numbers in their online public files. If we eliminate the main studio 
rule, should we encourage stations to also publicize their phone 
numbers in additional ways, such as on their Web sites? Should we 
require the telephone number to be staffed during normal business hours 
so that community members may seek assistance during that time? Or, 
should we require the telephone number to be staffed at all times in 
which the AM, FM, or Class A

[[Page 25592]]

TV station is on the air? Alternatively, is a staffed telephone number 
requirement unnecessary so long as station staff regularly retrieves 
and responds promptly to voicemail messages from the public left at 
that telephone number? If community members must leave a voicemail 
message in order to reach a local broadcast station, will this impede 
the station's ability to relay time-sensitive emergency information to 
the public? Should we instead require each station to designate a point 
of contact to respond to communications from the public? We invite 
comment on these alternatives and any other approaches we should 
consider to ensure that members of the public can easily contact 
station representatives and receive timely responses. Should 
broadcasters establish processes to ensure their ability to receive 
time-sensitive or emergency information during non-business hours?
    7. To the extent that stations are no longer required to have a 
local main studio, we seek comment on how we should ensure that 
community members have access to a station's public file. In this 
regard, we note that television stations already have fully 
transitioned their public file materials to the online public file as 
have some radio stations. We recognize that under current rules, some 
stations may continue maintaining public inspection files locally, and 
not online, even after the applicable compliance deadline. In addition, 
certain existing political materials that are part of the public 
inspection file may remain in the local public inspection file, rather 
than the online public inspection file, until the station is no longer 
required to retain the materials in question. If all or a portion of a 
station's public inspection file is not available via the online public 
file, we invite comment on how best to ensure that community members 
have access to the relevant materials in the absence of a local main 
studio. For example, should we require the station to provide community 
members with access to its local public inspection file at another 
location in the community of license, such as a local library or 
another station's main studio? \7\ Commenters advocating that approach 
should explain how stations would notify community members of the 
location of their public inspection file. Alternatively, should we 
eliminate the main studio rule only for stations that have fully 
transitioned all public file material to the online public file, 
including existing political file materials? \8\ Would it be reasonable 
to permit a station to eliminate its local main studio if it has 
transitioned all of its public file materials to the online public file 
except for its political file materials for which it has a two-year 
retention period? We seek comment on the pros and cons of these various 
approaches.
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    \7\ Applicants without a main studio currently have a similar 
requirement. See 47 CFR 73.3526(b)(1) (``. . . An applicant for a 
new station or change of community shall maintain its file at an 
accessible place in the proposed community of license or at its 
proposed main studio.'').
    \8\ For example, because television stations without waivers, 
and some radio stations, have fully transitioned all public file 
material to the online public file, they could eliminate their main 
studio upon the effective date of an order in this docket, if any, 
eliminating the main studio rule; whereas, radio stations that have 
not yet complied with the online public file requirements would not 
be able to take advantage of this potential rule change until they 
too had fully transitioned, if we only eliminate the main studio 
requirement for stations that have fully transitioned to an online 
public file. A station has ``fully transitioned,'' and thus could 
eliminate the main studio under this approach, only if all existing 
political file material was either voluntarily transitioned to the 
online public file, or, in the case of television stations, is older 
than the two year retention period.
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    8. In addition to the proposed revisions to section 73.1125 of the 
Commission's rules, we propose to eliminate other Commission rules that 
currently reference section 73.1125. Specifically, if we eliminate the 
main studio rule, we also will need to delete sections 73.3538(b)(2) 
(informal application to relocate main studio), 73.1690(c)(8)(ii) 
(location of FM studio within station principal community contour), and 
73.1690(d)(1) (permissive change in studio location) of the 
Commission's rules, all of which are premised on the existing main 
studio rule.\9\ We invite comment on this proposal. Are any other rule 
changes needed to conform to the proposed elimination of the main 
studio rule and associated requirements, including with respect to any 
rules that reference ``studio'' or ``main studio'' instead of section 
73.1125? \10\ For example, Class A stations are required to broadcast 
an average of at least three hours per week of ``locally produced 
programming'' each quarter. The Commission's rules define ``locally 
produced programming'' as programming ``(1) Produced within the 
predicted Grade B contour . . . ; (2) Produced within the predicted DTV 
noise-limited contour . . . ; or (3) Programming produced at the 
station's main studio.'' If the main studio rule and associated 
location restrictions are eliminated, how does that impact the third 
option? Could a Class A station locate a ``main studio'' at a distance 
outside its contour and still qualify as having ``locally produced 
programming''? We seek comment on how to address this issue. Should we 
eliminate the main studio option from this rule? If so, how should we 
address Class A stations with main studios currently located outside 
the applicable contour? Is there some other relevant requirement we can 
substitute, to the extent necessary to meet our statutory requirements 
for Class A stations?
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    \9\ In preparing this NPRM, we determined that section 
73.1690(d)(2) of our rules references section 73.1410 of our rules, 
which has been deleted, and we thus propose to delete that outdated 
reference.
    \10\ See, e.g., 47 CFR 73.3526(b)(1), (b)(2)(ii), (c)(2), 
(e)(4); Id. 73.3527(b)(1), (b)(2)(iii), (c)(2), (e)(3); Id. 
73.3544(b)(3).
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    9. We also invite comment on any other issues related to our 
proposals in this proceeding. What impact would elimination of the main 
studio rule and the associated staffing and program origination 
requirements have on other Commission proceedings? \11\
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    \11\ For example, in certain cases Commission staff has assessed 
if one station is exercising de facto control over another by 
considering, among other things, compliance with the main studio 
minimum staffing requirements.
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    10. Finally, we invite comment on any alternate proposals we should 
consider, rather than completely eliminating the main studio rule and 
associated requirements. For example, should we only eliminate the rule 
for a certain subset of stations, such as those that are located in 
small and mid-sized markets or those that have fewer than a certain 
number of employees? Commenters advocating this approach should explain 
with specificity how we should define those stations that will be 
permitted to eliminate their main studio. We have proposed to eliminate 
the main studio rule and the associated requirements for all AM, FM, 
and television broadcast stations. Is there any reason to distinguish 
between our treatment of AM, FM, and television broadcast stations in 
this context? We also invite comment on alternative ways we can reduce 
main studio-related burdens on broadcast stations.
    11. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) concerning the possible significant 
economic impact on small entities by the policies and rules proposed in 
the NPRM. Written public comments are requested on the IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments provided on the first page of the NPRM. The 
Commission will send a copy of the NPRM, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
In

[[Page 25593]]

summary, the NPRM proposes to eliminate the rule that requires each AM, 
FM, and television broadcast station to maintain a main studio located 
in or near its community of license.\12\ The NPRM also proposes to 
eliminate existing requirements associated with our main studio rule, 
including the requirement that the main studio must have full-time 
management and staff present during normal business hours, and that it 
must have program origination capability. The proposed action is 
authorized pursuant to sections 4(i), 4(j), 303, 307(b), and 336(f) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
303, 307(b), 336(f). The types of small entities that may be affected 
by the proposals contained in the NPRM fall within the following 
categories: Television Broadcasting, Radio Broadcasting. The projected 
reporting, recordkeeping, and other compliance requirements are: (1) A 
proposal to eliminate the rule requiring each AM, FM, and television 
broadcast station to maintain a local main studio; and (2) a proposal 
to eliminate the associated staffing and program origination capability 
requirements that apply to main studios. There is no overlap with other 
regulations or laws. The Commission invites comment on alternative ways 
it can reduce main studio-related burdens on small entities, including 
whether a requirement that the local telephone number for a main studio 
be staffed during normal business hours is unnecessary so long as 
station staff regularly retrieves and responds promptly to voicemail 
messages from the public left at that telephone number, or whether the 
Commission instead should require each station to designate a point of 
contact to respond to communication from the public; whether instead of 
eliminating the main studio rule entirely, the Commission could only 
eliminate the rule for a certain subset of stations, such as those that 
are located in small and mid-sized markets or those that have fewer 
than a certain number of employees; and whether to adopt an alternate 
approach pursuant to which, if the Commission does not eliminate the 
main studio rule entirely, it could eliminate the rule only for 
stations that have fully transitioned their public file materials to 
the online public file.
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    \12\ 47 CFR 73.1125(a) through (d).
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    12. This document does not contain any proposed new information 
collection requirements. It does, however, contain proposals to delete 
rules that contain information collection requirements. The Commission, 
as part of its continuing effort to reduce paperwork burdens, invites 
the general public and the Office of Management and Budget (OMB) to 
comment on the information collection requirements that would be 
impacted by the proposals contained in this document, as required by 
the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 
through 3520). In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission seeks specific comment on how it might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''
    13. Permit-But-Disclose. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    14. The proposed action is authorized pursuant to sections 4(i), 
4(j), 303, 307(b), and 336(f) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 154(j), 303, 307(b), 336(f).

List of Subjects in 47 CFR Part 73

    Radio, Television.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.

0
2. Revise Sec.  73.1125 to read as follows:


Sec.  73.1125  Station telephone number.

    Each AM, FM, TV and Class A TV broadcast station shall maintain a 
local telephone number in its community of license or a toll-free 
number.

0
3. In Sec.  73.1690, revise paragraphs (c)(8) and (d) to read as 
follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (c) * * *
    (8) FM commercial stations and FM noncommercial educational 
stations may decrease ERP on a modification of license application 
provided that exhibits are included to demonstrate that all five of the 
following requirements are met:
    (i) Commercial FM stations must continue to provide a 70 dBu 
principal community contour over the community of license, as required 
by Sec.  73.315(a). Noncommercial educational FM stations must continue 
to provide a 60 dBu contour over at least a portion of the community of 
license. The 60 and 70 dBu contours must be predicted by use of the 
standard contour prediction method in Sec.  73.313(b), (c), and (d).
    (ii) For commercial FM stations only, there is no change in the 
authorized station class as defined in Sec.  73.211.
    (iii) For commercial FM stations only, the power decrease is not 
necessary to achieve compliance with the multiple ownership rule, Sec.  
73.3555.
    (iv) Commercial FM stations, noncommercial educational FM stations

[[Page 25594]]

on Channels 221 through 300, and noncommercial educational FM stations 
on Channels 200 through 220 which are located in excess of the 
distances in Table A of Sec.  73.525 with respect to a Channel 6 TV 
station, may not use this rule to decrease the horizontally polarized 
ERP below the value of the vertically polarized ERP.
    (v) Noncommercial educational FM stations on Channels 201 through 
220 which are within the Table A distance separations of Sec.  73.525, 
or Class D stations on Channel 200, may not use the license 
modification process to eliminate an authorized horizontally polarized 
component in favor of vertically polarized-only operation. In addition, 
noncommercial educational stations operating on Channels 201 through 
220, or Class D stations on Channel 200, which employ separate 
horizontally and vertically polarized antennas mounted at different 
heights, may not use the license modification process to increase or 
decrease either the horizontal ERP or vertical ERP without a 
construction permit.
* * * * *
    (d) The following changes may be made without authorization from 
the FCC, however informal notification of the changes must be made 
according to the rule sections specified:
    (1) Commencement of remote control operation pursuant to Sec.  
73.1400.
    (2) Modification of an AM directional antenna sampling system. See 
Sec.  73.68.
* * * * *
0
4. In Sec.  73.3538, revise paragraph (b) to read as follows:


Sec.  73.3538  Application to make changes in an existing station.

* * * * *
    (b) An informal application filed in accordance with Sec.  73.3511 
is to be used to obtain authority to modify or discontinue the 
obstruction marking or lighting of the antenna supporting structure 
where that specified on the station authorization either differs from 
that specified in 47 CFR part 17, or is not appropriate for other 
reasons.

[FR Doc. 2017-11425 Filed 6-1-17; 8:45 am]
 BILLING CODE 6712-01-P

25590 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Proposed Rules

themselves with the Commission’s ex (b) The functional equivalent of such • Mail: Filings can be sent by hand or
parte rules. a mobile service described in paragraph messenger delivery, by commercial
(a) of this section. overnight courier, or by first-class or
VI. Ordering Clauses
* * * * * overnight U.S. Postal Service mail. All
155. Accordingly, it is ordered that, (a) That is interconnected with the filings must be addressed to the
pursuant to sections 3, 10, 201(b), 230, public switched network, or Commission’s Secretary, Office of the
254(e), 303(r), and 332 of the interconnected with the public switched Secretary, Federal Communications
Communications Act of 1934, as network through an interconnected Commission.
amended, and section 706 of the service provider, that gives subscribers • People with Disabilities: Contact
Telecommunications Act of 1996, as the capability to communicate to or the FCC to request reasonable
amended, 47 U.S.C. 153, 160, 201(b), receive communication from all other accommodations (accessible format
254(e), 303(r), 332, 1302, this Notice of users on the public switched network; documents, sign language interpreters,
Proposed Rulemaking is adopted. or CART, etc.) by email: FCC504@fcc.gov
156. It is further ordered that pursuant * * * * * or phone: (202) 418–0530 or TTY: (202)
to applicable procedures set forth in Public Switched Network. Any 418–0432.
sections 1.415 and 1.419 of the common carrier switched network, FOR FURTHER INFORMATION CONTACT: For
Commission’s rules, 47 CFR 1.415, whether by wire or radio, including additional information on this
1.419, interested parties may file local exchange carriers, interexchange proceeding, contact Diana Sokolow,
comments on this Notice of Proposed carriers, and mobile service providers, Diana.Sokolow@fcc.gov, of the Policy
Rulemaking on or before July 17, 2017 that use the North American Numbering Division, Media Bureau, (202) 418–
and reply comments on or before Plan in connection with the provision of 2120.
August 16, 2017. switched services. SUPPLEMENTARY INFORMATION: This is a
157. It is further ordered that the * * * * * summary of the Commission’s Notice of
Commission’s Consumer & [FR Doc. 2017–11455 Filed 6–1–17; 8:45 am] Proposed Rulemaking, FCC 17–59,
Governmental Affairs Bureau, Reference BILLING CODE 6712–01–P adopted and released on May 18, 2017.
Information Center, shall send a copy of The full text is available for public
this Notice of Proposed Rulemaking, inspection and copying during regular
including the Initial Regulatory FEDERAL COMMUNICATIONS business hours in the FCC Reference
Flexibility Analysis, to the Chief COMMISSION Center, Federal Communications
Counsel for Advocacy of the Small Commission, 445 12th Street SW., Room
Business Administration. 47 CFR Part 73
CY–A257, Washington, DC 20554. This
[MB Docket No. 17–106; FCC 17–59] document will also be available via
List of Subjects
ECFS at http://fjallfoss.fcc.gov/ecfs/.
47 CFR Part 8 Elimination of Main Studio Rule Documents will be available
Protecting and promoting the open AGENCY: Federal Communications electronically in ASCII, Microsoft Word,
internet. Commission. and/or Adobe Acrobat. The complete
ACTION: Proposed rule. text may be purchased from the
47 CFR Part 20 Commission’s copy contractor, 445 12th
Commercial mobile services. SUMMARY: In this document, the Street SW., Room CY–B402,
Commission proposes to eliminate its Washington, DC 20554. Alternative
Federal Communications Commission. rule that requires each AM, FM, and formats are available for people with
Katura Jackson, television broadcast station to maintain disabilities (Braille, large print,
Federal Register Liaison Officer. Office of the a main studio located in or near its electronic files, audio format), by
Secretary. community of license. The Commission sending an email to fcc504@fcc.gov or
Proposed Rules tentatively finds that the main studio calling the Commission’s Consumer and
rule is now outdated and unnecessarily Governmental Affairs Bureau at (202)
For the reasons discussed in the burdensome for broadcast stations. The 418–0530 (voice), (202) 418–0432
preamble, the Federal Communications Commission also proposes to eliminate (TTY).
Commission proposes to amend 47 CFR existing requirements associated with
parts 8 and 20 as follows: the main studio rule, including the Synopsis
requirement that the main studio must 1. In this Notice of Proposed
PART 8—PROTECTING AND have full-time management and staff Rulemaking (NPRM), we propose to
PROMOTING THE OPEN INTERNET present during normal business hours, eliminate the Federal Communications
§ 8.11 [Remove and Reserve]. and that it must have program Commission (Commission) rule that
origination capability. requires each AM, FM, and television
■ 1. Remove and reserve § 8.11. DATES: Comments are due on or before broadcast station to maintain a main
July 3, 2017; reply comments are due on studio located in or near its community
PART 20—COMMERCIAL MOBILE
or before July 17, 2017. of license.1 When the rule was
SERVICES
ADDRESSES: You may submit comments, conceived almost eighty years ago, local
■ 2. Amend § 20.3 by revising paragraph identified by MB Docket No. 17–106, by access to the main studio was designed
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(b) under the definition of ‘‘Commercial any of the following methods: to facilitate input from community
mobile radio service;’’ paragraph (a) • Federal eRulemaking Portal: http:// members as well as the station’s
under the definition of ‘‘Interconnected www.regulations.gov. Follow the participation in community activities.
Service;’’ and the definition of ‘‘Public instructions for submitting comments. Today, however, widespread
Switched Network’’ to read as follows: • Federal Communications availability of electronic communication
Commission’s Web site: http:// enables stations to participate in their
§ 20.3 Definitions. fjallfoss.fcc.gov/ecfs2/. Follow the
* * * * * instructions for submitting comments. 1 47 CFR 73.1125(a) through (d).

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25592 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Proposed Rules

TV station is on the air? Alternatively, main studio rule only for stations that and associated location restrictions are
is a staffed telephone number have fully transitioned all public file eliminated, how does that impact the
requirement unnecessary so long as material to the online public file, third option? Could a Class A station
station staff regularly retrieves and including existing political file locate a ‘‘main studio’’ at a distance
responds promptly to voicemail materials? 8 Would it be reasonable to outside its contour and still qualify as
messages from the public left at that permit a station to eliminate its local having ‘‘locally produced
telephone number? If community main studio if it has transitioned all of programming’’? We seek comment on
members must leave a voicemail its public file materials to the online how to address this issue. Should we
message in order to reach a local public file except for its political file eliminate the main studio option from
broadcast station, will this impede the materials for which it has a two-year this rule? If so, how should we address
station’s ability to relay time-sensitive retention period? We seek comment on Class A stations with main studios
emergency information to the public? the pros and cons of these various currently located outside the applicable
Should we instead require each station approaches. contour? Is there some other relevant
to designate a point of contact to 8. In addition to the proposed requirement we can substitute, to the
respond to communications from the revisions to section 73.1125 of the extent necessary to meet our statutory
public? We invite comment on these Commission’s rules, we propose to requirements for Class A stations?
alternatives and any other approaches eliminate other Commission rules that 9. We also invite comment on any
we should consider to ensure that currently reference section 73.1125. other issues related to our proposals in
members of the public can easily Specifically, if we eliminate the main this proceeding. What impact would
contact station representatives and studio rule, we also will need to delete elimination of the main studio rule and
receive timely responses. Should sections 73.3538(b)(2) (informal the associated staffing and program
broadcasters establish processes to application to relocate main studio), origination requirements have on other
ensure their ability to receive time- 73.1690(c)(8)(ii) (location of FM studio Commission proceedings? 11
sensitive or emergency information within station principal community 10. Finally, we invite comment on
during non-business hours? contour), and 73.1690(d)(1) (permissive any alternate proposals we should
7. To the extent that stations are no change in studio location) of the consider, rather than completely
longer required to have a local main Commission’s rules, all of which are eliminating the main studio rule and
studio, we seek comment on how we premised on the existing main studio associated requirements. For example,
should ensure that community members rule.9 We invite comment on this should we only eliminate the rule for a
have access to a station’s public file. In proposal. Are any other rule changes certain subset of stations, such as those
this regard, we note that television needed to conform to the proposed that are located in small and mid-sized
stations already have fully transitioned elimination of the main studio rule and markets or those that have fewer than a
their public file materials to the online associated requirements, including with certain number of employees?
public file as have some radio stations. respect to any rules that reference Commenters advocating this approach
We recognize that under current rules, ‘‘studio’’ or ‘‘main studio’’ instead of should explain with specificity how we
some stations may continue maintaining section 73.1125? 10 For example, Class A should define those stations that will be
public inspection files locally, and not stations are required to broadcast an permitted to eliminate their main
online, even after the applicable average of at least three hours per week studio. We have proposed to eliminate
compliance deadline. In addition, of ‘‘locally produced programming’’ the main studio rule and the associated
certain existing political materials that each quarter. The Commission’s rules requirements for all AM, FM, and
are part of the public inspection file define ‘‘locally produced programming’’ television broadcast stations. Is there
may remain in the local public as programming ‘‘(1) Produced within any reason to distinguish between our
inspection file, rather than the online the predicted Grade B contour . . . ; (2) treatment of AM, FM, and television
public inspection file, until the station Produced within the predicted DTV broadcast stations in this context? We
is no longer required to retain the noise-limited contour . . . ; or (3) also invite comment on alternative ways
materials in question. If all or a portion Programming produced at the station’s we can reduce main studio-related
of a station’s public inspection file is main studio.’’ If the main studio rule burdens on broadcast stations.
not available via the online public file, 11. As required by the Regulatory
we invite comment on how best to 8 For example, because television stations without
Flexibility Act of 1980, as amended
ensure that community members have waivers, and some radio stations, have fully (RFA), the Commission has prepared an
access to the relevant materials in the transitioned all public file material to the online Initial Regulatory Flexibility Analysis
absence of a local main studio. For public file, they could eliminate their main studio (IRFA) concerning the possible
upon the effective date of an order in this docket, significant economic impact on small
example, should we require the station if any, eliminating the main studio rule; whereas,
to provide community members with radio stations that have not yet complied with the entities by the policies and rules
access to its local public inspection file online public file requirements would not be able proposed in the NPRM. Written public
at another location in the community of to take advantage of this potential rule change until comments are requested on the IRFA.
they too had fully transitioned, if we only eliminate Comments must be identified as
license, such as a local library or the main studio requirement for stations that have
another station’s main studio? 7 fully transitioned to an online public file. A station
responses to the IRFA and must be filed
Commenters advocating that approach has ‘‘fully transitioned,’’ and thus could eliminate by the deadlines for comments provided
should explain how stations would the main studio under this approach, only if all on the first page of the NPRM. The
notify community members of the existing political file material was either voluntarily Commission will send a copy of the
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transitioned to the online public file, or, in the case
location of their public inspection file. of television stations, is older than the two year
NPRM, including the IRFA, to the Chief
Alternatively, should we eliminate the retention period. Counsel for Advocacy of the Small
9 In preparing this NPRM, we determined that Business Administration (SBA). In
7 Applicants without a main studio currently section 73.1690(d)(2) of our rules references section
have a similar requirement. See 47 CFR 73.1410 of our rules, which has been deleted, and 11 For example, in certain cases Commission staff

73.3526(b)(1) (‘‘. . . An applicant for a new station we thus propose to delete that outdated reference. has assessed if one station is exercising de facto
or change of community shall maintain its file at 10 See, e.g., 47 CFR 73.3526(b)(1), (b)(2)(ii), (c)(2), control over another by considering, among other
an accessible place in the proposed community of (e)(4); Id. 73.3527(b)(1), (b)(2)(iii), (c)(2), (e)(3); Id. things, compliance with the main studio minimum
license or at its proposed main studio.’’). 73.3544(b)(3). staffing requirements.

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Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Proposed Rules 25593

summary, the NPRM proposes to of its continuing effort to reduce themselves with the Commission’s ex
eliminate the rule that requires each paperwork burdens, invites the general parte rules.
AM, FM, and television broadcast public and the Office of Management 14. The proposed action is authorized
station to maintain a main studio and Budget (OMB) to comment on the pursuant to sections 4(i), 4(j), 303,
located in or near its community of information collection requirements that 307(b), and 336(f) of the
license.12 The NPRM also proposes to would be impacted by the proposals Communications Act of 1934, as
eliminate existing requirements contained in this document, as required amended, 47 U.S.C. 154(i), 154(j), 303,
associated with our main studio rule, by the Paperwork Reduction Act of 307(b), 336(f).
including the requirement that the main 1995, Public Law 104–13 (44 U.S.C. List of Subjects in 47 CFR Part 73
studio must have full-time management 3501 through 3520). In addition,
and staff present during normal pursuant to the Small Business Radio, Television.
business hours, and that it must have Paperwork Relief Act of 2002, Public Federal Communications Commission.
program origination capability. The Law 107–198, see 44 U.S.C. 3506(c)(4), Katura Jackson,
proposed action is authorized pursuant the Commission seeks specific comment Federal Register Liaison Officer.
to sections 4(i), 4(j), 303, 307(b), and on how it might ‘‘further reduce the
336(f) of the Communications Act of information collection burden for small Proposed Rules
1934, as amended, 47 U.S.C. 154(i), business concerns with fewer than 25 For the reasons discussed in the
154(j), 303, 307(b), 336(f). The types of employees.’’ preamble, the Federal Communications
small entities that may be affected by 13. Permit-But-Disclose. This Commission proposes to amend 47 CFR
the proposals contained in the NPRM proceeding shall be treated as a ‘‘permit- part 73 as follows:
fall within the following categories: but-disclose’’ proceeding in accordance
Television Broadcasting, Radio with the Commission’s ex parte rules. PART 73—RADIO BROADCAST
Broadcasting. The projected reporting, Persons making ex parte presentations SERVICES
recordkeeping, and other compliance must file a copy of any written
requirements are: (1) A proposal to ■ 1. The authority citation for part 73
presentation or a memorandum continues to read as follows:
eliminate the rule requiring each AM, summarizing any oral presentation
FM, and television broadcast station to Authority: 47 U.S.C. 154, 303, 309, 310,
within two business days after the
maintain a local main studio; and (2) a 334, 336, and 339.
presentation (unless a different deadline
proposal to eliminate the associated 2. Revise § 73.1125 to read as follows:
applicable to the Sunshine period ■
staffing and program origination
applies). Persons making oral ex parte
capability requirements that apply to § 73.1125 Station telephone number.
presentations are reminded that
main studios. There is no overlap with Each AM, FM, TV and Class A TV
memoranda summarizing the
other regulations or laws. The broadcast station shall maintain a local
presentation must (1) list all persons
Commission invites comment on telephone number in its community of
attending or otherwise participating in
alternative ways it can reduce main license or a toll-free number.
the meeting at which the ex parte
studio-related burdens on small entities, ■ 3. In § 73.1690, revise paragraphs
including whether a requirement that presentation was made, and (2)
summarize all data presented and (c)(8) and (d) to read as follows:
the local telephone number for a main
studio be staffed during normal business arguments made during the § 73.1690 Modification of transmission
hours is unnecessary so long as station presentation. If the presentation systems.
staff regularly retrieves and responds consisted in whole or in part of the * * * * *
promptly to voicemail messages from presentation of data or arguments (c) * * *
the public left at that telephone number, already reflected in the presenter’s (8) FM commercial stations and FM
or whether the Commission instead written comments, memoranda or other noncommercial educational stations
should require each station to designate filings in the proceeding, the presenter may decrease ERP on a modification of
a point of contact to respond to may provide citations to such data or license application provided that
communication from the public; arguments in his or her prior comments, exhibits are included to demonstrate
whether instead of eliminating the main memoranda, or other filings (specifying that all five of the following
studio rule entirely, the Commission the relevant page and/or paragraph requirements are met:
could only eliminate the rule for a numbers where such data or arguments (i) Commercial FM stations must
certain subset of stations, such as those can be found) in lieu of summarizing continue to provide a 70 dBu principal
that are located in small and mid-sized them in the memorandum. Documents community contour over the community
markets or those that have fewer than a shown or given to Commission staff of license, as required by § 73.315(a).
certain number of employees; and during ex parte meetings are deemed to Noncommercial educational FM stations
whether to adopt an alternate approach be written ex parte presentations and must continue to provide a 60 dBu
pursuant to which, if the Commission must be filed consistent with rule contour over at least a portion of the
does not eliminate the main studio rule 1.1206(b). In proceedings governed by community of license. The 60 and 70
entirely, it could eliminate the rule only rule 1.49(f) or for which the dBu contours must be predicted by use
for stations that have fully transitioned Commission has made available a of the standard contour prediction
their public file materials to the online method of electronic filing, written ex method in § 73.313(b), (c), and (d).
public file. parte presentations and memoranda (ii) For commercial FM stations only,
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12. This document does not contain summarizing oral ex parte there is no change in the authorized
any proposed new information presentations, and all attachments station class as defined in § 73.211.
collection requirements. It does, thereto, must be filed through the (iii) For commercial FM stations only,
however, contain proposals to delete electronic comment filing system the power decrease is not necessary to
rules that contain information collection available for that proceeding, and must achieve compliance with the multiple
requirements. The Commission, as part be filed in their native format (e.g., .doc, ownership rule, § 73.3555.
.xml, .ppt, searchable .pdf). Participants (iv) Commercial FM stations,
12 47 CFR 73.1125(a) through (d). in this proceeding should familiarize noncommercial educational FM stations

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$25594 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Proposed Rules on Channels 221 through 300, and through 220, or Class D stations on ■ 4. In § 73.3538, revise paragraph (b) to noncommercial educational FM stations Channel 200, which employ separate read as follows: on Channels 200 through 220 which are horizontally and vertically polarized located in excess of the distances in antennas mounted at different heights, § 73.3538 Application to make changes in Table A of § 73.525 with respect to a may not use the license modification an existing station. Channel 6 TV station, may not use this process to increase or decrease either * * * * * rule to decrease the horizontally the horizontal ERP or vertical ERP (b) An informal application filed in polarized ERP below the value of the without a construction permit. accordance with § 73.3511 is to be used vertically polarized ERP. * * * * * to obtain authority to modify or (v) Noncommercial educational FM (d) The following changes may be discontinue the obstruction marking or stations on Channels 201 through 220 made without authorization from the lighting of the antenna supporting which are within the Table A distance FCC, however informal notification of structure where that specified on the separations of § 73.525, or Class D the changes must be made according to station authorization either differs from stations on Channel 200, may not use the rule sections specified: that specified in 47 CFR part 17, or is the license modification process to eliminate an authorized horizontally (1) Commencement of remote control not appropriate for other reasons. polarized component in favor of operation pursuant to § 73.1400. [FR Doc. 2017–11425 Filed 6–1–17; 8:45 am] vertically polarized-only operation. In (2) Modification of an AM directional BILLING CODE 6712–01–P addition, noncommercial educational antenna sampling system. See § 73.68. stations operating on Channels 201 * * * * * nlaroche on DSK30NT082PROD with PROPOSALS VerDate Sep<11>2014 13:14 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4702 Sfmt 9990 E:\FR\FM\02JNP1.SGM 02JNP1$

Document Created: 2017-06-02 00:38:09
Document Modified: 2017-06-02 00:38:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments are due on or before July 3, 2017; reply comments are due on or before July 17, 2017.
Contact		For additional information on this proceeding, contact Diana Sokolow, [email protected], of the Policy Division, Media Bureau, (202) 418-2120.
FR Citation		82 FR 25590
CFR Associated		Radio and Television